Case Law Details

Case Name : The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court)
Appeal Number : Writ Petition (L) No. 3575 of 2020
Date of Judgement/Order : 22/10/2020
Related Assessment Year :
Courts : All High Courts (6105) Bombay High Court (1075)

The Chamber of Tax Consultants & Another Vs Union of India & Another (Bombay High Court)

Hon. Bombay High Court admits Petition filed under Article 226 of the Constitution of India, Petitioners have challenged the validity of various provisions of Sections 49, 50CA and 56 of the Income Tax Act, 1961 as well as provisions of Rules 11U, 11UA, 11UAA, 11UAC and 11UAD of the Income Tax Rules, 1962 which deals with deemed income taxation on share transfer below FMV.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. Heard Mr. Arvind Datar, learned Sr. Counsel for the Petitioners.

2. In this Petition filed under Article 226 of the Constitution of India, Petitioners have challenged the validity of various provisions of Sections 49, 50CA and 56 of the Income Tax Act, 1961 as well as provisions of Rules 11U, 11UA, 11UAA, 11UAC and 11UAD of the Income Tax Rules, 1962.

3. Issue notice, returnable within four weeks.

4. Since there is challenge to validity of the relevant provisions of the statute, notice may be issued to the office of the learned Attorney General of India.

5. Mr. Sham Walve, learned standing counsel for the Revenue submits that he has received instructions that a special counsel for the Respondents may be engaged in this case.

6. Stand over to 26th November, 2020.

7. This order will be digitally signed by the Private Secretary of this Court. Sheristedar of this Court is permitted to forward to the Petitioner copy of this order by e-mail. All concerned to act on a digitally signed copy of this order.

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